Koodali Higher Secondary School vs The State Of Kerala
2023 Latest Caselaw 148 Ker

WP(C) NO. 42519 OF 2022                 1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                         WP(C) NO. 42519 OF 2022
PETITIONER/S:
          KOODALI HIGHER SECONDARY SCHOOL
          KOODALI, THALASSERY, KANNUR-670592
          REPRESENTED BY ITS MANAGER K.T. RAMAKRISHNAN
          NAMBIAR,
          S/O KAMMARAN NAMBIAR, AGED 92 YEARS,
          RESIDING AT KRISHNAPURAM, KOODALI.P.O,
          KANNUR DISTRICT - 670592

             BY ADVS.
             ABDUL RAOOF PALLIPATH
             K.R.AVINASH (KUNNATH)


RESPONDENT/S:
     1    THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, GOVT SECRETARIAT,
          TRIVANDRUM - 695001
     2    THE DIRECTOR OF GENERAL EDUCATION
          VAZHUTHACAUD, POOJAPURA ROAD,
          DPI JUNCTION, JAGATHY P.O, TRIVANDRUM - 695001
     3    THE DEPUTY DIRECTOR OF EDUCATION
          PUZHATHI, KANNUR - 670001
     4    THE DISTRICT EDUCATIONAL OFFICER
          THALASSERY,
          THALASSERY P.O, KANNUR - 670104

             SMT. NISHA BOSE, SR. GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   06.01.2023,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 42519 OF 2022                      2




                                  JUDGMENT

This writ petition is filed seeking issuance of directions to respondents

3 and 4 not to approve any application for change of managership of the

petitioner school on the basis of an amended bye-law allegedly executed in

the year 2014 and also for a further direction to respondents 3 and 4 to issue

notice to the petitioner before considering any such application.

2. The petitioner has not made the prospective applicant a party to this

writ petition.

3. When the matter was taken up for consideration on 23.12.2022, this

Court had directed the learned Government Pleader to get instructions with

regard to the above grievances.

4. Today, when the matter is taken up, it is submitted by the learned

Government Pleader that no such application of change of managership has

been filed before respondents 3 and 4. The apprehension of the petitioner

appears to be misconceived.

This writ petition is accordingly closed, reserving the right of the

petitioner to approach the appropriate forum in case of any future grievance,

if so advised.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 42519/2022

PETITIONER(S) EXHIBITS :

Exhibit P1          TRUE COPY OF THE DEATH CERTIFICATE OF
                    NARENDRAN NAMBIAR DATED 10.5.2018

Exhibit P2          TRUE COPY OF THE ORDER

NO.B3/10738/2018/KDIS DATED 26.6.2019 ISSUED BY THE 4TH RESPONDENT DATED 26.6.2019

RESPONDENT(S) EXHIBITS : NIL